Supreme Court pulls up Kerala Authorities, says to ‘Abide’ with Court direction

Alka Verma

Published On: September 23, 2021 at 09:15 IST

The Supreme Court of India stated that the Government of Kerala and other Authorities must ‘Abide’ by the directions of the Court.

The Apex Court also pulled up Kerala Authorities regarding the decision of the proposed matter concerning the premature release of two convicts who were awarded life imprisonment and had already completed a jail term of 28 years.

While communicating pain that choice has not been taken by the concerning authorities on the issue notwithstanding its previous request, the Apex Court ordered that the convicts, who are serving life terms regarding a two-decade-old instance of hooch misfortune which had asserted 31 lives, will immediately be released on Bail.

A Bench comprising Justices A M Khanwilkar, Dinesh Maheshwari and C T Ravikumar, was informed by the Advocate who was appearing for Kerala authorities that they needed some more time for the completion of the process.

In reply, the Apex Court stated the convicts are in Jail for 28 years and the Court has given enough time to the State for taking any decision.

While the Counsel on one hand stated that it is a Government process, the Court on the other hand stated, “The government process has to abide by the directions of the court.”

“This is not the way the government can function contrary to the directions given by the court. There was the purpose behind that direction. Is it not? It was adjourned earlier also,” the Bench stated during the hearing. 

“We will direct their release on bail if you are not taking a decision within the time given by the court. You cannot come in our way. That is our prerogative. You may take your time to decide the proposal,” said the Court to the Counsel.

The Court was hearing a Plea filed by the wives of the two convicts.

In the Bail Plea it was requested to release the convicts as it was stated in one of the earlier orders to release them.

The Plea also talked about the order issued September 6 which gave a “clear direction” that the decision is taken by the competent authority within two weeks.

The Court noted that in spite of rehashed opportunity given to the state to speed up the dynamic interaction concerning the proposition for untimely release of the convicts, indeed further time has been looked for by the public authority. 

At last, the Bench permitted the Bail stating, “They should be released forthwith on conditions as may be specified by the trial court and not later than 48 hours from passing of this order.”

The next hearing is scheduled after six weeks. 

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